Submit Replacement Tenant for Step Rent – Tenants in Germany

If you are a tenant in Germany and want to submit a replacement tenant proposal for step rent because you are moving out, you should understand your rights and obligations. With step rent the agreed rent levels increase automatically, which affects whether the landlord accepts a proposed replacement tenant. In this article we explain in plain language how to prepare a legally sound letter, which deadlines apply after termination, which forms and proofs are useful and when a court (local court) may be involved.^[2] Practical tips help avoid large follow-up claims and protect your interests. We also outline the relevant sections of the BGB and how to document evidence correctly.

When is a replacement tenant proposal useful?

A replacement tenant proposal can be useful if you want to leave before contractual terms expire and the rental agreement allows for a replacement tenant or replacement solution. With step rent the landlord will check whether the proposed tenant accepts the contractual rent steps. Key factors are creditworthiness, identity and a confirmation that the replacement tenant accepts the step-rent conditions. Legal foundations can be found in the BGB^[1].

How to compile a replacement tenant proposal

A complete proposal should always be in writing. Include the name, contact details, desired handover date, proof of creditworthiness (e.g. payslip) and a statement that the replacement tenant accepts the step-rent agreement. Attach copies of ID and income proofs and set a clear deadline for a response.

• Formal letter: date, addresses, reference to termination, first and last name of the proposed replacement tenant.
• Proofs: payslips, credit report or employer certificate as proof of creditworthiness.
• Deadlines: set a reasonable response period, e.g. 14 days, and document the sending.

Important forms

There are no nationwide mandatory templates for many steps, but official legal texts and court forms help in disputes. A termination letter from the tenant can be informal but should be signed. For court cases you can use the forms provided by judicial authorities. For example, eviction claims may require court forms under the Code of Civil Procedure^[3]. Use official legal texts for reference and download court forms from justice websites.

What to do if the landlord refuses

If the landlord rejects the replacement tenant, request a written justification. Check whether the refusal is factually justified (e.g. lack of creditworthiness or serious unreliability). If you consider the refusal unjustified, you can seek an out-of-court settlement or, if necessary, judicial review at the local court. Document every step and observe deadlines.

FAQ

Can the landlord reject any replacement tenant?

No, a rejection must be based on a valid reason, such as insufficient ability to pay or doubts about the tenant's reliability.

Does the replacement tenant automatically assume the step-rent agreement?

Only if the replacement tenant agrees in writing or the lease contains a takeover clause; clarify this in your proposal in writing.

What is a reasonable deadline for a response to the proposal?

Commonly 7–14 days; set a written deadline and document the dispatch.

How-To

1. Prepare: create a letter with names, contact details, desired handover date and reference to the step-rent agreement.
2. Attach documents: include copies of ID, payslips and, if applicable, credit reports.
3. Set a deadline: request a written reply within 7–14 days.
4. If disputed: consider review at the local court and use official court forms.

Help and Support / Resources

• BGB §535 ff. – gesetze-im-internet.de
• Code of Civil Procedure (ZPO) – gesetze-im-internet.de
• Federal Court of Justice (BGH) – bundesgerichtshof.de

1. [1] German Civil Code (BGB) §§535–580a — gesetze-im-internet.de
2. [2] Information on courts and jurisdictions — justiz.de
3. [3] Code of Civil Procedure (ZPO) — gesetze-im-internet.de